Common use of Default by Tenant Remedies Clause in Contracts

Default by Tenant Remedies. The occurrence of one or more of the following events shall constitute a default and breach of this Lease by Tenant: (a) the vacating or abandonment of the Premises; (b) the failure by Tenant to make any payment of rent within five (5) days after such payment falls due; (c) the failure by Tenant to make any other payment required to be made by Tenant hereunder, as and when due, where such failure shall continue for a period of 10 days after notice from Landlord that said payment is due and payable; or (d) the failure by tenant to observe or perform any of the covenants, conditions or provisions of this Lease, to be observed or performed by the Tenant, other than those described above, where such failure shall continue for a period of 30 days after written notice thereof by Landlord to Tenant. In the event of any default or breach by Tenant, Landlord may at any time, without waiving or limiting any other right or remedy available to it, terminate Tenant's rights under this Lease by written notice or by any lawful means, or reenter and take possession of the Premises (with or without terminating this Lease) in which event all Minimum Rent and Additional Rent due hereunder shall be accelerated and become immediately due and payable, or itself pay or perform the obligation as, to which Tenant is in default (in which event Landlord's cost of so doing shall be immediately reimbursed to it by Tenant), or pursue any remedy allowed by law. Tenant agrees to pay to Landlord the cost of recovering possession of the Premises, all expenses associated with reletting, and any other costs or damages arising out of Tenant's default. Notwithstanding any re-entry or termination, the liability of Tenant for the Minimum Rent and Additional Rent provided for herein shall not be extinguished for the balance of the term of this Lease, and Tenant agrees to make good to Landlord any deficiency arising from reletting the Premises at a lesser rent than applies under this Lease. Any rent or other charges under this Lease not paid by Tenant when due shall bear interest from the due date thereof at the rate of eighteen percent (18%) per annum or the maximum contract rate allowed by law, whichever is less.

Default by Tenant Remedies. The occurrence A. If (i) default be made in the payment of one Rent or more of the following events shall constitute a default and breach of this Lease any additional charge payable hereunder by Tenant: (a) the vacating or abandonment of the Premises; (b) the failure by Tenant to make any payment of rent within , and such default shall continue for five (5) days after such payment falls due; written notice of default, or (cii) the failure by Tenant to make any other payment required to default be made by in any of the other covenants or conditions herein contained on the part of Tenant hereunder, as and when due, where such failure default shall continue for a period of 10 days after notice from Landlord that said payment is due and payable; or twenty (d20) the failure by tenant to observe or perform any of the covenants, conditions or provisions of this Lease, to be observed or performed by the Tenant, other than those described above, where such failure shall continue for a period of 30 days after written notice thereof by Landlord shall have been given to Tenant, (except that such 20-day period shall be automatically extended for an additional period of time reasonably necessary to cure such default, if such default cannot be cured within such first 20-day period and provided Tenant commences the process of curing such default within said first 20-day period and continuously and diligently pursues such cure to completion), or (iii) Tenant shall become insolvent or bankrupt or makes an assignment for the benefit of creditors, or (iv) a receiver or trustee of Tenant’s property shall be appointed and such receiver or trustee, as the case may be, shall not be discharged within sixty (60) days after such appointment, then in any such case, Landlord may, without further notice to Tenant, notice being hereby waived, terminate Tenant’s tenancy and recover possession of and reenter the Premises without accepting a surrender of the Premises or affecting Tenant’s liability for past Rent and other charges due or future rent and other charges to accrue hereunder. In the event of any default or breach by such default, Landlord shall be entitled to recover from Tenant, in addition to Rent and other charges equivalent to rent, all other damages sustained by Landlord may at any timeon account of the breach of this Lease, without waiving or limiting any other right or remedy available to itincluding, terminate Tenant's rights under this Lease but not limited to, the costs, expenses and attorney fees incurred by written notice or by any lawful means, or reenter Landlord in enforcing the terms and take provisions hereof and in reentering and recovering possession of the Premises (with or without terminating this Lease) in which event all Minimum Rent and Additional Rent due hereunder shall be accelerated and become immediately due and payable, or itself pay or perform for the obligation as, to which Tenant is in default (in which event Landlord's cost of so doing repairs, alterations and brokerage and attorney fees connected with the re-letting of the Premises, but excluding consequential or incidental damages other than out-of-pocket expenses incurred by Landlord and delineated herein. As an alternative, at the election of Landlord, Landlord shall be immediately reimbursed have the right to it accept a surrender of the Premises (without the need for any affirmative act or acquiescence by Tenant), without any further rights or pursue obligations on the part of Landlord or Tenant (other than Tenant’s obligation for Rent and other charges due and owing through the date of acceptance of surrender), so that Landlord may re-let the Premises without any remedy allowed by law. right on the part of Tenant agrees to pay to Landlord the cost of recovering possession any credit or payment resulting from any re-letting of the Premises. Alternatively, all expenses associated with relettingat the option of the Landlord, if Tenant’s tenancy is so terminated, Landlord may recover forthwith against Tenant as damages for loss of the bargain and any other costs or damages arising out not as a penalty an aggregate sum, which at the time of such termination of Tenant's default. Notwithstanding any re-entry or termination’s tenancy, represents the liability amount of Tenant the excess, if any, of the value of the whole balance of Rent, charges and all other sums payable hereunder for the Minimum Rent and Additional Rent provided for herein shall not be extinguished for the entire balance of the term of this LeaseLease herein reserved or agreed to be paid by Tenant, and Tenant agrees to make good to Landlord any deficiency arising from reletting over the then current fair market rental value of the Premises at a lesser rent than applies under this Lease. Any rent or other charges under this Lease not paid by Tenant when due shall bear interest from the due date thereof (including “triple net” charges), such difference to be discounted to net present value at the rate of eighteen eight percent (188%) per annum annum. In case of a default under this Lease, Landlord may, in addition to terminating Tenant’s tenancy and/or accepting a surrender, or the maximum in lieu thereof, pursue such other remedy or combination of remedies and recover such other damages for breach of tenancy and/or contract rate allowed by law, whichever is lessas available at law or otherwise.

Default by Tenant Remedies. The occurrence If (i) default shall be made in the payment of one any sum to be paid by Tenant under this Lease and such default shall continue for ten (10) days after written notice to Tenant (provided that if Landlord has provided Tenant with two (2) such notices with respect to Base Rental or more Tenant’s Additional Rental already during the preceding twelve-month period, then Tenant shall not be entitled to further notice of any such subsequent monetary default during the ensuing twelve-month period and the next such monetary default within any such consecutive twelve-month period shall thus be an automatic default hereunder without any obligation of notice thereof by Landlord to Tenant), or default shall be made in the performance of any of the following events other covenants or conditions which Tenant is required to observe and to perform and such default shall constitute a continue for thirty (30) days, provided that if Tenant is not able to cure such default in thirty (30) days, and breach provided that Tenant is diligently pursuing such cure, then Tenant will have an additional thirty (30) days after written notice thereof to Tenant, or if the interest of Tenant under this Lease shall be levied on under execution or other legal process, or if any petition shall be filed by or against Tenant to declare Tenant a bankrupt or to delay, reduce, or modify Tenant: (a) ’s debts or obligations, or if any petition shall be filed or other action taken to reorganize or modify Tenant’s capital structure, or if Tenant shall be declared insolvent according to law, or if any assignment of Tenant’s property shall be made for the vacating benefit of creditors, or abandonment if a receiver or trustee is appointed for Tenant or its property, or if Tenant shall be a corporation or limited liability company and Tenant shall cease to exist as a corporation or limited liability company in good standing in the State of its incorporation or formation, or if Tenant shall be a partnership or other entity and Tenant shall be dissolved or otherwise liquidated, or Landlord applies or retains any part of the Premises; (b) security held by it hereunder, and Tenant fails to deposit with Landlord the failure amount so applied or retained by Tenant Landlord, or to make any payment provide Landlord with a replacement Letter of rent Credit, if applicable, within five (5) days after such payment falls due; (c) the failure by Tenant to make any other payment required to be made by Tenant hereunder, as and when due, where such failure shall continue for a period of 10 days after notice from Landlord that said payment is due and payable; or (d) the failure by tenant to observe or perform any of the covenants, conditions or provisions of this Lease, to be observed or performed by the Tenant, other than those described above, where such failure shall continue for a period of 30 days after written notice thereof by Landlord to Tenant. In Tenant stating the event amount applied or retained, then Landlord may treat the occurrence of any one or more of the foregoing events as a breach and default or breach by Tenantof this Lease and, thereupon, at Landlord’s option, Landlord may at have and enforce any time, without waiving one or limiting any other right or remedy available to it, terminate Tenant's rights under this Lease by written notice or by any lawful means, or reenter and take possession more of the Premises (with following described remedies, in addition to all other rights and remedies provided at law or without terminating this Lease) in which event all Minimum Rent and Additional Rent due hereunder shall be accelerated and become immediately due and payable, or itself pay or perform the obligation as, to which Tenant is in default (in which event Landlord's cost of so doing shall be immediately reimbursed to it by Tenant), or pursue any remedy allowed by law. Tenant agrees to pay to Landlord the cost of recovering possession of the Premises, all expenses associated with reletting, and any other costs or damages arising out of Tenant's default. Notwithstanding any re-entry or termination, the liability of Tenant for the Minimum Rent and Additional Rent provided for herein shall not be extinguished for the balance of the term of this Lease, and Tenant agrees to make good to Landlord any deficiency arising from reletting the Premises at a lesser rent than applies under this Lease. Any rent or other charges under this Lease not paid by Tenant when due shall bear interest from the due date thereof at the rate of eighteen percent (18%) per annum or the maximum contract rate allowed by law, whichever is less.equity:

Default by Tenant Remedies. The occurrence of one or more Time is of the following events shall constitute a default and breach essence of this Lease Lease. If Tenant violates or breaches or fails to keep or perform any covenant, term or condition of this Lease, and if such default or violation continues for or is not remedied within three (3) (or, if no default in the rent is involved, within ten (10) days after notice in writing thereof given by TenantLandlord to Tenant specifying the matter claimed to be in default, then Landlord shall have the following rights and remedies, at its option which shall not be exclusive, but shall be cumulative and in addition and supplemental to any and all other rights and/or remedies that Landlord may have at law or in equity: (a) to declare the vacating Lease term ended and to reenter the Premises without notice to vacate (any right to which is hereby waived by Tenant) and take possession of the Premises and remove all persons therefrom, and Tenant shall have no further claim thereon or abandonment hereunder and Landlord may recover from Tenant all rent then due or thereafter accruing and such other damages as are caused by Tenant’s default; or (b) without declaring this Lease terminated, to reenter the Premises without notice to vacate (any right to which is hereby waived by Tenant) and occupy the whole or any part thereof for and on account of Tenant and to collect any unpaid rentals and other charges, which have become payable, or which may thereafter became payable, all without being liable for forcible entry, trespass or other tort; or (c) even though it may have reentered the Premises, to thereafter elect to terminate this Lease and all of the rights of Tenant or to the Premises. If Landlord reenters the Premises under option (b) above, Landlord shall not be deemed to have terminated this Lease or the liability of Tenant to pay any rental or other charges thereafter accruing, or to have terminated Tenant’s liability for damages under any of the provisions hereof, by any such reentry or by any action, in unlawful detainer or otherwise to obtain possession of the Premises; (b) the failure by , unless Landlord shall have notified Tenant in writing that it has so elected to make any payment of rent within five (5) days after such payment falls due; (c) the failure by Tenant to make any other payment required to be made by Tenant hereunder, as and when due, where such failure shall continue for a period of 10 days after notice from Landlord that said payment is due and payable; or (d) the failure by tenant to observe or perform any of the covenants, conditions or provisions of terminate this Lease, to be observed or performed by the Tenant, other than those described above, where such failure shall continue for a period of 30 days after written notice thereof by Landlord to Tenant. In the event of any default entry or breach by Tenant, Landlord may at any time, without waiving or limiting any other right or remedy available to it, terminate Tenant's rights under this Lease by written notice or by any lawful means, or reenter and take possession of the Premises (with or without terminating this Lease) in which event all Minimum Rent and Additional Rent due hereunder shall be accelerated and become immediately due and payable, or itself pay or perform the obligation as, to which Tenant is in default (in which event Landlord's cost of so doing shall be immediately reimbursed to it by Tenant), or pursue any remedy allowed by law. Tenant agrees to pay to Landlord the cost of recovering taking possession of the Premises, Landlord shall have the right, but not the obligation, to remove therefrom all expenses associated with reletting, or any part of the personal property located therein and any other costs or damages arising out may place the same in storage at a public warehouse at the expense and risk of Tenant's default. Notwithstanding any re-entry If Landlord elects to terminate this Lease pursuant to the provisions of options (a) or termination(c) above, Landlord may recover from Tenant as damages, the liability following: (i) the worth at the time of award of any unpaid rental which had been earned at the time of such termination; plus (ii) the worth at the time of award of the amount by which the unpaid rental which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant for proves could have been reasonably avoided; plus (iii) the Minimum Rent and Additional Rent provided for herein shall not be extinguished worth at the time of award of the amount by which the unpaid rental for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrorn, including but not limited to, any costs or expenses incurred by Landlord in (a) retaking possession of the Premises, including reasonable attorneys’ fees therefor, (b) maintaining or preserving the Premises after such default, (c) preparing the Premises for reletting to a new tenant, including repairs or alterations to the Premises for such reletting (d) leasing commissions, and (e) any other costs necessary or appropriate to relet the Premises; plus (v) at Landlord’s election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of Washington As used in items (i) and (ii) above, the “worth at the time of award” is computed by allowing interest at the interest rate specified in Section 7 hereof. As used in item (iii) above, the “worth at the time of award” is computed by using a discount rate of four percent (4%). For all proposes of this Section 22 only, the term “rental” shall be deemed to be the base rental and all additional rent and other sums required to be paid by Tenant pursuant to the terms of this Lease. Finally, if Tenant vacates or abandons the Premises and fails to reoccupy them within ten (10) days after Landlord (1) delivers a notice to the Premises (which will be unoccupied) demanding such re-occupancy and (2) mails by certified or registered mail a copy of the notice to any forwarding address given by Tenant agrees to make good to Landlord any deficiency arising from reletting the Premises at a lesser rent than applies in writing, Tenant shall be in default under this Lease. Any rent or other charges under this Lease not paid by Tenant when due shall bear interest from the due date thereof at the rate of eighteen percent (18%) per annum or the maximum contract rate allowed by law, whichever is less.

Default by Tenant Remedies. The occurrence (a) If Tenant defaults in fulfilling any of the covenants of this Lease, or if the Premises becomes vacant or deserted, or if this Lease be rejected under §365 of Title 11 of the U.S. Code (Bankruptcy Code); or if any execution or attachment shall be issued against Tenant or any of Tenant’s property whereupon the Premises shall be taken or occupied by someone other than Tenant; then in any one or more of the following events shall constitute such events, upon Landlord serving a written 10 days notice with respect to a default and breach of this Lease by Tenant: (a) in the vacating or abandonment of the Premises; (b) the failure by Tenant to make any payment of rent or additional rent or 30 days notice with respect to any other default notice upon Tenant specifying the nature of said default, and upon the expiration of said 10 or 30 days, as the case may be, if Tenant shall have failed to comply with or remedy such default, or if the said default or omission complained of shall be of a nature that the same cannot be completely cured or remedied within said 30 day period (it being intended that a default in the payment of rent or additional rent shall not have the benefit of this extension of the cure period), and if Tenant shall not have diligently commenced during such default within such 30 day period, and shall not thereafter with reasonable diligence and in good faith, proceed to remedy or cure such default, then Landlord may serve a written five (5) days after such payment falls due; (c) the failure by Tenant to make any other payment required to be made by Tenant hereunder, as and when due, where such failure shall continue for a period notice of 10 days after notice from Landlord that said payment is due and payable; or (d) the failure by tenant to observe or perform any of the covenants, conditions or provisions cancellation of this Lease, to be observed or performed by the Lease upon Tenant, other than those described above, where such failure shall continue for a period and upon the expiration of 30 said five (5) days after written notice thereof by Landlord to Tenant. In the event of any default or breach by Tenant, Landlord may at any time, without waiving or limiting any other right or remedy available to it, terminate Tenant's rights under this Lease by written notice or by any lawful means, or reenter and take possession the term thereunder shall end and expire as fully and completely as if the expiration of such five (5) day period were the Premises (with or without terminating this Lease) in which event all Minimum Rent and Additional Rent due hereunder shall be accelerated and become immediately due and payable, or itself pay or perform the obligation as, to which Tenant is in default (in which event Landlord's cost of so doing shall be immediately reimbursed to it by Tenant), or pursue any remedy allowed by law. Tenant agrees to pay to Landlord the cost of recovering possession of the Premises, all expenses associated with reletting, and any other costs or damages arising out of Tenant's default. Notwithstanding any re-entry or termination, the liability of Tenant day herein definitely fixed for the Minimum Rent end and Additional Rent provided for herein shall not be extinguished for the balance expiration of this Lease and the term of this Leasethereof, and Tenant agrees to make good to Landlord any deficiency arising from reletting shall then quit and surrender the Premises at a lesser rent than applies under this Lease. Any rent or other charges under this Lease not paid by to Landlord, but Tenant when due shall bear interest from the due date thereof at the rate of eighteen percent (18%) per annum or the maximum contract rate allowed by law, whichever is lessremain liable as hereinafter provided.